Terms defined in SDCL 40-32-2 have the same meaning when used in this article. In addition, terms used in this article mean:
(1) "Acceptable milk," milk that complies with § 12:17:03:02 as to sight and odor, is classified number one, number two, or number three for sediment content under § 12:17:03:03, has a bacteria count of not more than 500,000 per milliliter, and has a somatic cell count of not more than 750,000 per milliliter;(2) "Butter," the food product usually known as butter that is made exclusively from milk or cream, or both, with or without common salt, with or without additional coloring matter, containing no less than 80 percent by weight of milk fat;(3) "C I P" or "cleaned in place," the procedure by which sanitary pipelines or pieces of dairy equipment are mechanically cleaned in place by circulation of cleaning solution through them;(4) "Excluded milk," all of the producers' milk excluded from the market by the provisions of § 12:17:03:16;(5) "Farm certification," a certification by an inspector or dairy fieldman that a producer's herd, milking facility and housing, milking procedure, cooling, milkhouse or milkroom, utensils and equipment, and water supply have been found to meet the requirements of chapter 12:17:04 for the production of manufacturing grade milk;(6) "Inspector," a qualified and trained person employed by the department to perform dairy farm and dairy plant inspections and raw milk grading and to supervise dairy fieldmen;(7) "Manufacturing grade milk," milk produced for processing and manufacturing into products for human consumption which is not subject to Grade A requirements stated in SDCL 39-6;(8) "Milk," the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows; as used in this article, only milk used for manufacturing purposes;(9) "Probational milk," milk classified number three for sediment content pursuant to § 12:17:03:03 or milk having a somatic cell count of more than 750,000 per milliliter;(10) "Reject milk," milk whose sight and odor does not qualify pursuant to § 12:17:03:02 or that is classified number four for sediment content pursuant to § 12:17:03:03 and is rejected by a dairy plant pursuant to § 12:17:03:14 or milk that is adulterated;(11) "Secretary," the secretary of agriculture;(12) "Abnormal milk," milk that is visibly changed in color, odor, or texture; milk that, before the milking of the animal, is known to be unsuitable for sale, such as colostrum; milk that is unsaleable or unfit for human consumption following treatment of the animal with veterinary products, i.e. antibiotics that have withhold requirements or treatment with medicines or insecticides not approved for use on dairy animals by the United States Food and Drug Administration (FDA) or the United States Environmental Protection Agency (EPA);(13) "Goat milk," the lacteal secretion, practically free from colostrum, with a somatic cell count of 1,500,000 per milliliter or less, obtained by the complete milking of one or more healthy goats and used for manufacturing purposes;(14) "Pesticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; or a substance or mixture of substances intended to be used as a spray adjuvant;(15) "Light butter" or "reduced fat butter," food produced to resemble butter that contains no more than 52 percent butterfat, has at least one-third fewer calories than butter, is made from milk or cream or any other dairy ingredient derived from milk that has been pasteurized, and meets the requirements in chapter 12:17:10;(16) "Official sample," a sample collected by the secretary, a licensed bulk hauler, a fieldman, or a sampler/grader;(17) "Officially designated laboratory," a commercial or a milk industry laboratory authorized by the secretary to examine producer samples of manufacturing grade raw milk for pasteurization and commingled milk tank truck samples of raw milk for drug residues and bacterial limits;(18) "Industry," an individual, plant operation, partnership, corporation, company, association, or institution involved in the buying or selling of milk or milk products in South Dakota;(19) "Milk buyer," an individual, plant operation, partnership, corporation, company, association, or institution buying raw milk from South Dakota dairy producers;(20) "Dairy fieldman," an individual authorized by a milk buyer and licensed by the secretary to provide adequate and continuous field service to assist dairy producers in maintaining quality and sanitation requirements.S.D. Admin. R. 12:17:01:01
SL 1975, ch 16, § 1; 7 SDR 125, effective 7/9/1981; 12 SDR 102, effective 12/25/1985; 12 SDR 128, 12 SDR 154, effective 7/1/1986; 17 SDR 204, effective 7/8/1991; 19 SDR 61, effective 10/26/1992; 25 SDR 85, effective 12/20/1998; 30 SDR 203, effective 6/24/2004; 32 SDR 203, effective 6/6/2006; 35 SDR 183, effective 2/2/2009; 41 SDR 119, effective 2/11/2015; 46 SDR 046, effective 10/8/2019General Authority: SDCL 40-32-18.
Law Implemented: SDCL 40-32-18.
Standard Methods for the Examination of Dairy Products, 17th edition, 2004, H. Michael Wehr, Ph.D. and Joseph F. Frank, Ph.D., Editors, American Public Health Association, Washington, D.C., 20005. Copies may be obtained from the American Public Health Association, 1015 15th Street, N.W., Washington, D.C. 20005-2699. 3-A Sanitary Standards and Accepted Practices, November 21, 1999, formulated by the Dairy Industry Committee, International Association of Milk, Food and Environmental Sanitarians, U.S. Public Health Service, U.S. Department of Agriculture, Dairy and Food Industries Supply Association, and Poultry and Egg Institute of America. Published by the Journal of Food Protection. Copies may be obtained from the International Association of Milk, Food and Environmental Sanitarians, Box 701, Ames, Iowa 50010.